Stephen Warne on professional negligence, regulation and discipline around the world

The Australian Professional Liability Blog random header image

Entries Tagged as 'concurrent duties'

The delicious perils of qua; on suing yourself

January 30th, 2012 · No Comments

Update: I knew that the study of autolitigation would be nicely developed somewhere. Former barrister Malcolm Park brought to my attention his article that was published in (Winter 1992) 81 Bar News 79-80, ‘On Both Sides of the Record’: ‘It is accepted law that a person cannot appear as plaintiff and defendant in the same […]

[

Tags: concurrent duties · conflicts · Legal writing

Commissioner’s obligation to charge dishonesty if he intends to allege it

December 4th, 2009 · No Comments

Relatively recently, I posted on the question of whether a Bureau de Spank desiring to rely on a practitioner’s dishonesty or other form of conscious wrongdoing must expressly allege it in the charge, and discussed Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 234; [1988] HCA 8.  Now, in Legal […]

[

Tags: amendment · appeals · concurrent duties · conflicts · current client and past client · Discipline · duty and duty · Ethics · jurisdiction · Legal Profession Act · Legal Services Commissioner · Misconduct · natural justice · Practising certificates · procedure · Professional regulation · Striking off · Trust money · trust monies · wilful disregard for rules

Conflict of duties and the limited retainer

April 12th, 2009 · 2 Comments

This is a post about David v David [2009] NSWCA 8 (the decision at first instance is at [2007] NSWSC 855). Karl Suleman has been good to professional negligence lawyers.  He procured other Assyrians to invest in excellent sounding supermarket trolley schemes.  ‘Give me $50,000’, he said to one investor, ‘and shopping trolleys will pay […]

[

Tags: concurrent duties · conflicts · duty and duty · duty and interest · Ethics · Fiduciary duties

Solicitor gets three year break for multiple conflict findings

November 29th, 2008 · No Comments

In Legal Services Commissioner v DJMH [2008] VCAT 2301, Deputy President McNamara’s tribunal ordered the solicitor not to practice before 1 July 2011 for multiple findings of acting in the face of a conflict.  It is unfortunate that the reasons for decision do not allow an understanding of what was alleged.  It had something to […]

[

Tags: civil-disciplinary interplay · common law · concurrent duties · conflicts · Discipline · duty and duty · Ethics · Misconduct

Issac’s holiday; plea bargaining in disciplinary charges examined

October 10th, 2008 · No Comments

Issac’s style of legal letter writing is legendary. There are some quite extensive private collections out there. I recall one letter said to have been penned by the man himself which began ‘Dear Sir, you are a petulant lunatic,’ and after some substantive words continued ‘You are a very small cog in a very big […]

[

Tags: concurrent duties · conflicts · Discipline · Fiduciary duties · Misconduct · Practising certificates · procedure · Trust money

Application by appellant to remove respondent’s trial counsel from appeal dismissed

February 5th, 2008 · No Comments

In Chen v Chan [2008] VSCA 2, President Maxwell and Justice of Appeal Redlich dismissed an application by the appellant for an order enjoining the respondent’s solicitor and counsel from acting in the appeal. The applicant alleged that there had been wrongdoing by the respondent’s lawyers at the trial. In fact that was one of […]

[

Tags: Abuse of process · concurrent duties · conflicts · duty and interest · duty to court · Ethics · litigation ethics · Professional regulation

A non-exhaustive bibliography on lawyers’ conflicts of duties between insurer and insured

October 28th, 2007 · No Comments

Speaking, as I was in the last post, about AILA’s Geoff Masel lecture series, here is the 2006 lecture, delivered by Tony Scotford of Ebsworth & Ebsworth’s Sydney office. It is yet another contribution to the much talked about but little done about problem of insurer-appointed defence lawyers in liability claims and their potentially conflicting […]

[

Tags: concurrent duties · conflicts · duties of confidentiality · duty and duty · Ethics

Solicitors’ liability paper; conflicts of lawyers acting for insurer and insured

August 8th, 2007 · No Comments

Here’s a link to a little article on the law relating to the possible conflicts of duties faced by a lawyer retained by a liability insurer to act for its insured in the defence of proceedings against the insured. It discusses 3 English cases: Brown v Guardian Royal Exchange Assurance; TSB Bank v Robert Irvin; […]

[

Tags: concurrent duties · conflicts · duties of confidentiality · duty and duty · Ethics · Negligence

Freshfields partner gets whacked $140,000 over conflict of duties to concurrent clients

August 8th, 2007 · No Comments

Freshfields used to be Marks & Spencer’s go-to lawyers. Then they fell out of favour a bit. But they were still acting for Marks ‘n’ Sparks on one relatively small contract. A key partner then decided to accept instructions to act for a consortium trying to take over the supermarket chain. If the takeover went […]

[

Tags: concurrent duties · conflicts · Discipline · duty and duty · Ethics

The incapacitated client

July 18th, 2007 · 1 Comment

Here’s an interesting case about lawyers, incapacitated clients, paternalism, and the right to be represented. An Alzheimers affected woman hired a beak to oppose a guardianship application brought by her brother. The court appointed another lawyer to act for her, suspecting that the man she professed to want to marry had in fact been behind […]

[

Tags: concurrent duties · conflicts · duty and duty · Ethics · mental illness